SIVA Vs. INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION

JUDGEMENT

(1.) This Criminal Original Petition filed to direct the Juvenile Justice Board, Madurai to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.179/2023 on the file of the respondent.

(2.) The facts in brief is that the case in Crime No.179 of 2023 was registered against five persons for the offences under Ss. 482 of IPC. Among five persons, the petitioner is arrayed as accused No. 4. In the complaint it has been stated that on 12/11/2023, when the brother of the defacto complainant went to the village temple for worship, a wordy quarrel arose between the accused persons and him. The next day, when it was questioned by the defacto complainant, the accused persons abused the defacto complainant, his father, his brother with filthy languages, threatened them with dire consequences and also attacked with wooden logs. The defacto complainant and his father sustained injuries in this incident and were admitted in hospital for treatment as inpatient. On that basis of the complaint, the case is registered. stating that the petitioner is a juvenile on the date of occurrence. The present petition is filed seeking direction to the Juvenile Justice Board to consider the bail application of the petitioner on the same day of surrender.

(3.) At that time of hearing the petition, learned counsel for the petitioner would submit that Juvenile Justice Board used to follow a particular procedure. They used to call for report from the probation officer and till the receipt of the report from the concerned officer, the the juvenile, will be sent to the Observation Home. After receiving the report only, orders used to be passed. According to the learned counsel for the petitioner, if such a procedure is adopted, then the future of this petitioner will be affected. On that account, he seeks a direction to the Juvenile Justice Board to consider the bail application on the date of surrender.